Terms and Conditions Relating to a Grant Offered by Epilepsy Research UK

Terms and Conditions Relating to a Grant Offered by Epilepsy Research UK

Terms and Conditions relating to a Grant offered by Epilepsy Research UK

The following Terms and Conditions apply to any grant offered by Epilepsy Research UK and accepted by the named Grantholder(s) and their employing Institution.

Once a signed copy of the Terms and Conditions has been received by Epilepsy Research UK, it will be understood that the Grantholder(s) and Institution have accepted the Terms and Conditions. No grant monies will be released until a signed copy of the Terms and Conditions has been received by Epilepsy Research UK.

Agreement

Dated:

Between

(a) …………………………………………………………………………

of (address)………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

hereinafter known as ‘the Institution’

(b) …………………………………………………………………………

of (address)………………………………………………………......

……………………………………………………………………………

……………………………………………………………………………

Principal Investigator and hereinafter known as ‘the Grantholder’

and Epilepsy Research UK, PO Box 3004, London, W4 4XT

Whereas the Charity has agreed to support a research (project/fellowship)entitled(grant title)(hereinafter known as ‘the Project’), to be undertaken by the Grantholder, over (duration in months), and to make available to the Institution the sum of(amount), it is now agreed as follows:

  1. Definitions
  2. The following terms shall have the following meanings:

“Agreement” / Means the Application Form, the Award Letter, the Conditions and the Policies, as amended from time to time in accordance with their terms.
“Application Form” / Means the full grant proposal submitted to Epilepsy Research UK by the Grantholder, outlining the research to be undertaken, the research budget, a breakdown of research costs and a timeline of research milestones.
“Award Letter” / Means the letter from Epilepsy Research UK to the Institution and Grantholder, specifying the details of the financial support awarded and the research to be funded.
“Conditions” / Means these Terms & Conditions.
“Epilepsy Research UK” / This is Epilepsy Research UK, registered charity no. 1100394
“Final Report” / This is the report to be issued by the Grantholder four months after the Project end date, detailing the Results of the Project and the extent to which the stated aims of the Project have been achieved, and confirming any exploitable Intellectual Property developed.
“Grant” / Means the financial support to be provided by Epilepsy Research UK in relation to the Project.
“Grantholder” / Means the principal investigator; the person to whom the Grant is assigned and who will be the individual principally responsible for leading and managing the Project and whose name is set out in the Award Letter.
“Grant Funded Intellectual Property” / Means any Intellectual Property that is or has been created, exemplified or developed (whether in whole or in part) as a direct result of the Project, but not including copyright in artistic works, books articles, scientific papers, lectures and/or audio or visual aids to the giving of lectures or teaching.
“Grant Period” / Means the period for which the Grant is awarded as set out in the Award Letter;
“Institution” / Means the university, institution, research council or other body to which the Grant is awarded, which is responsible for managing the proper conduct of the Project and is accountable for financial management of the Grant.
“Intellectual Property” / Means any and all inventions, discoveries, materials (including cell lines, modified organisms, nucleic acid components and peptides), technologies, products, data, algorithms, software, patents, databases, copyright, moral rights, know-how, good will and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world arising out of or in connection with the Project.
“Interim Report” / Means the annual report to be issued to Epilepsy Research UK by the Grantholder, one month after the anniversary of the Project start date, setting out a summary of research undertaken in connection with the Project during the previous year, an analysis of progress made in relation to the stated aims of the Project and confirmation of any potentially exploitable Intellectual Property developed.
“Policies” / This refers to Epilepsy Research UK’s policies for research involving humans and animals.
“Project” / Means the research, funded by the Grant, to be carried out by the Grantholder as set out in the Application Form, and any subsequent letters between Epilepsy Research UK and the Grantholder and Institution relating to the project, setting out full details of the proposed research to be carried out.
“Results” / Means any and all information, data and/or findings developed or created in connection with the Project.
“Revenue Sharing Agreement” / Means the agreed terms upon which any revenue earned from Intellectual Property in the Project will be shared between the Institution and Epilepsy Research UK.
“Terms” / Interchangeable with ‘terms of this Agreement’.
  1. Research Practice
  2. The Institution and the Grantholder will at all times during the continuance of this Agreement comply with:
  3. the terms of this Agreement; and
  4. any laws and regulations (as amended from time to time) applicable to the Project and this Agreement including human tissue legislation, health & safety legislation, the Data Protection Act 1998 and the Bribery Act 2010.
  5. It is a condition of the Grant that the research undertaken in connection with the Project is conducted in accordance with best scientific and ethical practice. The Institution warrants that it has in place, and will continue to have in place through the Grant Period, formal written policies setting out the standards to be met in the conduct of research and the procedures to be followed following any allegation of research misconduct.
  6. If at any time during or after the Grant Period, allegations of research misconduct are made in relation to the Grant, or in relation to the Grantholder in connection with any other research,and are, in the reasonable opinion of Epilepsy Research UK, substantiated, Epilepsy Research UK reserves the right to take such steps as it, at its absolute discretion, considers appropriate, which may include (but is not limited to):
  7. Requiring the Institution to remove the Grantholder from the Project;
  8. Requiring the Institution and/or Grantholder to retract published material;
  9. Withholding payment of subsequent instalments of the Grant, or requiring the Institution to reimburse Epilepsy Research UK for some or all instalments of the Grant already paid;
  10. Taking such steps as it considers necessary to monitor the subsequent conduct of the Project and the Institution and the Grantholder will co-operate with Epilepsy Research UK to facilitate this;
  11. Terminating the Grant with immediate effect.
  12. The Institution and the Grantholder will conduct the Project in accordance with the principles set out in the Concordat to Support Research Integrity policy (
  13. The Grantholder and the Institution will comply with the terms of Epilepsy Research UK’s policies on the use of animals and humans in medical research:
  • Prior to the commencement of the Project, the Grantholder and the Institution will obtain any and alllicences, consents and approvals (including ethics and NHS governance approvals) necessary to the conduct of the Project, will continue to hold such licences, consents and approvals (including ethics and NHS governance approvals) during the Grant Period, and will provide Epilepsy Research UK with copies of such approvals ((including ethics and NHS governance approvals), licences and consents. Epilepsy Research UK will not release any monies relating to the Grant until it has received copies of the necessary approvals (including ethics and NHS governance approvals), licences and consents.
  • The Institution will ensure that it has in place throughout the Grant Period procedures for the identification and management of ethical issues connected to the Project, and that such issues are dealt with in accordance with such procedures. The Institution will notify Epilepsy Research UK of any ethical issues connected to the Project and will keep Epilepsy Research UK informed of any actions taken in relation to such issues.
  • The Institution will ensure that it has in place throughout the Grant Period procedures for the identification and management of potential conflicts of interest in connection with the Project. The Institution will notify Epilepsy Research UK of any conflicts of interest that arise and will keep Epilepsy Research UK informed of any actions taken in relation to such issues.
  • The Institution will promptly notify Epilepsy Research UK of any incident connected to the Project (which the Institution at its reasonable discretion considers relevant to Epilepsy Research UK’s rights and interests in the Project), and will keep Epilepsy Research UK promptly informed of any developments connected to such incident.
  • The Institution will ensure that full details of any other third party funding granted to it in connection with the Project will be included in the Application Form, or, if obtained subsequently to Epilepsy Research UK’s acceptance of the Application Form, that it promptly notifies Epilepsy Research UK in writing with full details of such funding.
  1. Project Management
  2. The Institution will have in place, during the Grant Period and any subsequent exploitation of Grant Funded Intellectual Property, appropriate policies of insurance including personal indemnity, public liability and employer’s liability insurance.
  3. The Institution must ensure that it has in place throughout the Grant Period appropriate procedures for the control of expenditure in connection with the Project which shall include maintaining a separate internal financial account for expenditure connected to the Project. The Institution and the Grantholder acknowledge that the Grant may only be used to meet costs connected to the Project.
  4. Epilepsy Research UK may at any time during or after the Grant Period request financial information in connection with the Grant and the Project. Epilepsy Research UK may, at its own expense, either directly or via an appropriate third party engaged by it, review income and expenditure connected to the Project and/or the system used by the Institution to administer the Grant, and the Institution shall allow Epilepsy Research UK (or such third party) access to its records and premises during business hours for the conduct of such audit subject to Epilepsy Research UK providing reasonable written notice of such access.
  5. Epilepsy Research UK will consider a request by the Grantholder and/or the Institution to transfer the Grant to a different university, institution, research council or other similar body. Any such transfer will require the prior written consent of Epilepsy Research UK, shall be at no additional cost to Epilepsy Research UK and may include such conditions as Epilepsy Research UK in its discretion thinks fit. Epilepsy Research UK will not, other than in exceptional circumstances, consider a request to transfer the Grant to a principal investigator other than the Grantholder.
  6. Payment of Grant and Costs
  7. Epilepsy Research UK will only release monies relating to the Grantonce it has received copies of all approvals, licences and consents relating to the Project.
  8. The Institution will invoice Epilepsy Research UK quarterly, in arrears, for work carried out relating to the Project.
  9. Epilepsy Research UK reserves the right to withhold payment of the final invoicefor the Project until it has received the Final Report. If Epilepsy Research UK does not receive the Final Report within 12 months of the end of the Grant Period, it reserves the right to refuse payment of the final invoice for the Project.
  10. The Institution will submit the final invoice for the Project to Epilepsy Research UK within 12 months after the Grant Period ends. After 12 months, Epilepsy Research UK reserves the right to refuse payment of the final invoice.
  11. Epilepsy Research UK will not be liable for the payment of any amounts in addition to those set out in the Award Letter. The Institution will be liable for any expenditure incurred in connection with the Project in excess of the Grant.
  12. All Grant amounts detailed in the Award Letter are not subject to output VAT.
  13. Where the Grant includes an allocation for salary costs, Epilepsy Research UK will not be liable to pay any salary costs in addition to those expressly set out in the Application Form.
  14. Epilepsy Research UK will only be responsible for paying directly incurred costs of research. It will not be responsible for any indirectly incurred or directly allocated costs. ‘Directly incurred costs’, ‘indirectly incurred costs’ and ‘directly allocated costs’ shall have the meanings attributed to them from time to time by Research Councils UK.
  15. The Grantholder must commence work on the Project within 12 months of the date of this Agreement. If the Project has not started within 12 months of the date of this Agreement, Epilepsy Research UK may withdraw the Grant Award.
  16. If the Project is completed for less than the full Grant, as outlined in the Award Letter, Epilepsy Research UK will retain the outstanding balance.
  17. Equipment
  18. The Institution warrants that it has in place, and will continue to have in place through the Grant Period, formal written policies governing the procurement of equipment. Any equipment funded by the Grant must be procured in accordance with such procedures.
  19. During the Grant Period, the Institution will ensure that any equipment funded by the grant:
  20. is appropriately insured;
  21. is properly serviced and maintained in a state of good repair; and
  22. that the use of such equipment by personnel for the conduct of the Project is given priority.
  23. The Grantholder will notify Epilepsy Research UK if, during the Grant Period, the need for equipment purchased wholly or in part by the Grant substantially decreases, or such equipment is not being used for the purpose for which it was funded. Epilepsy Research UK reserves the right to request that the Institution dispose of such equipment and to claim the proceeds of such sale.
  24. It is acknowledged and agreed that any equipment funded by the Grant is owned absolutely by the Institution and that, after the end of the Grant Period, the Institution shall have absolute discretion in relation to the maintenance and use of such equipment.
  25. The Institution will be responsible for ensuring that appropriate premises are made available to house the equipment during the Grant Period.
  26. Personnel
  27. Notwithstanding any financial support awarded as part of the Grant for the employment of personnel, nothing in this Agreement is intended to, or shall, create a relationship of employment between Epilepsy Research UK and the Grantholder or any other personnel involved in the Project. Epilepsy Research UK will not be responsible for any claim of redundancy, compensation, dismissal or discrimination in respect of which the Institution may be liable in connection with the Project whether as employer or not.
  28. The Institution shall be solely responsible for complying with any applicable employment-related laws, regulations and practices in relation to the Grantholder and any other personnel engaged in the Project including health and safety legislation.
  29. The Institution shall be responsible for ensuring that it enters into written contracts of employment or consultancy (as appropriate) with the Grantholder and any other personnel (including students) involved in the Project. The Institution warrants that such written contracts shall include appropriate provisions ensuring that any Grant Funded Intellectual Property vests in the Institution.
  30. The Institution will indemnify Epilepsy Research UK in respect of any loss or damage suffered by Epilepsy Research UK arising out any claim by the Grantholder or any other personnel involved in the Project that such person is employed or otherwise engaged to provide services by Epilepsy Research UK.
  31. The Institution will ensure that the Grantholder and any other personnel involved in the Project comply with the terms of this Agreement.
  32. The Institution will promptly notify Epilepsy Research UK of any change in personnel that may affect its ability to conduct the Project. Epilepsy Research UK shall be entitled to decrease the Grant Award to reflect any change in personnel where the level of qualification of a new person engaged is lesser than that specified in the Application Form.
  33. Publication of Research
  34. It is a condition of the award of the Grant that the Results be published in an appropriate form (for example, articles in peer-reviewed journals and lectures).
  35. Prior to the publication of the Results in any format:
  36. the Institution and Grantholder shall comply with any procedures adopted by the Institution for the confirmation and validation of results of research prior to publication;
  37. the Institution and the Grantholder shall give Epilepsy Research UK reasonable advanced notice of any press/media statement connected to the whole or part of the Results and Epilepsy Research UK may approve or not approve such statement as it sees fit at its absolute discretion; and
  38. the Institution and the Grantholder shall provide electronic copies of all articles based in whole or part on the Results to Epilepsy Research UK.
  39. Epilepsy Research UK’s role as funder of the Grant must be acknowledged in all publications and patent applications that include the whole or part of the Results. Such acknowledgement should, unless otherwise agreed with Epilepsy Research UK, include the prominent display of the following words:

This work was supported by Epilepsy Research UK (grant number [xxx]).

7.4Publication of Results may be reasonably delayed to enable protection of Grant Funded Intellectual Property in accordance with clause 9 of these Conditions.

7.5Epilepsy Research UK reserves the right to publish (in part or in full) any information provided in any Interim Report, the Final Report,the Researchfishsubmission (referred to in clause 8.4)and/or the Results, unless such information is specifically designated as confidential by the Grantholder, or in the reasonable opinion of the Institution contains information that is likely to adversely affect the Institution’s ability to seek protection for Grant Funded Intellectual Property.